Anne may have unwittingly contributed to those arrests herself. “M. Kyngston,” she asked when brought to the tower, “do you know wher for I am here?” In a state of shock and disbelief, she searched her mind for the reasons for her arrest and shared her anxious musings with Kingston (who reported everything to Cromwell) and also to the ladies-in-waiting that Cromwell had chosen to spy on her. In particular, Anne fretted about a possibly incriminating conversation she had with Norris, a long-time supporter of the Boleyns and the Groom of the Stool in the King’s Privy Council. Anne had been verbally jousting with Norris about his constant presence in her apartments, and had chided him for “looking for dead men’s shoes, for if aught should come to the King but good, you would look to have me.” This particular statement must have alarmed Norris, who replied that “if he should have any such thought, he would his head were off.” There was good reason for his alarm: In 1534, Cromwell had engineered an extension of the legal definition of treason, which was passed by parliament, and which had made it high treason to “maliciously wish, will or desire by words or writing” bodily harm to the king. Under this new definition, Anne’s remark could be construed as referring to Norris’s desire for the King’s death. Anne apparently eventually “got it”, too, for after Norris made the comment about his head, she then told Norris that “she could undo him if she would.” What had (probably) begun as casual teasing ended with each ostentatiously declaring their horror at the thought that either entertained fantasies of Henry’s death.

But Anne worried that this wasn’t enough. Later, realizing that their remarks may have been overheard, she asked Norris to go to her almoner, John Skip, and “swear for the queen that she was a good woman.” Unfortunately, this attempt at damage control only worked to make Skip suspicious. He confided his suspicions to Sir Edward Baynton, who then went to Cromwell, who surely felt that gold from heaven had fallen into his lap. All this happened in late April. So clearly, at the point of Anne’s arrest on May 2, Norris was suspected of more than simply withholding information about her purported affair with Smeaton. However, the full details of the conversation may only have been revealed by Anne herself, in her rambling self-examination with Kingston, and this may be why Norris wasn’t arrested until May 4th.

Anne also told Kingston about how she had teased Francis Weston, then reprimanded him, for telling her that he, too, frequented her apartments out of love for her. Under other circumstances, it would undoubtedly been regarded as innocent, courtly banter. But…what was considered “courtly” and what was suspected to be something more had changed since Anne had learned the rules, and Cromwell was able to take advantage of the different climate with regard to heterosexual behavior.

The times, to anachronistically poach from Bob Dylan, were a ‘changing. Yes, Anne had failed to produce a son for Henry VIII, and yes, Thomas Cromwell had his own reasons to plot against her. Yes, she had many enemies at court, and yes, there was Jane Seymour waiting in the wings, with the promise of greater obedience than feisty Anne and fresher eggs for the incubation of a royal heir. None of these factors, however, could have sent Anne to the scaffold had the charges of adultery and treason seemed utterly preposterous to the Tudor jury, for the Tudors were great believers in “the law,” and it was important to Henry that the “appearance of justice,” at the very least, seem to have been done. What helped make that travesty possible, I believe, was a cultural change in the interpretation of courtly banter, which Anne engaged in—innocently but as it turned out, fatally.

Anne was trained in traditions of courtly love within which flirtatiousness, far from being suspect, was a requirement of the court lady. But it must never go too far; the trick was to just go to the edge and then back off (without, of course, hurting the gentleman’s feelings). Purity was required, but provocative banter was not just accepted, it was expected. Especially in the French court [where Anne had spent much of her young adulthood—sb], a relaxed atmosphere was the norm in conversations between men and women. But as the Middle Ages segued into the Renaissance and then into the Reformation, people may have become disposed to believe things, based on the exchanges with the men Anne was charged with, that would have been dismissed as ridiculous forty years earlier.

Even in Henry’s courtship of her, Anne got caught in the net of changing romantic conventions. Henry had been raised on tales of King Arthur’s round table, virtuous knights, maidens in distress and chivalrous deeds. Nobility, generosity, mercy, justice, and the power of true love were the stuff of his boyish fantasies. However, by 1526, when Henry began to pursue Anne, Arthurian chivalry, a deeply spiritualized ideal, was well on its way to being transformed into the political “art” of courtly behavior, aimed at creating the right impression, even if deceptive, to achieve ones ends. In his letters to Anne, Henry gives her the impression that she is his Guinevere, and he her loyal servant: “I beseech you,” “if it pleases you,” “begging you,” “fear of wearying you,” “your loyal servant”, “to serve you only.” Etc. etc. Deeply felt emotion, or a pleasurable fiction, designed to woo and win?

Henry was in love, yes. But he was never the helpless swain that he makes himself out to be in his letters. And although he believed in Arthurian honor, which served and protected women as one of its highest goals, he could never have done what Arthur (in the legend) had done: stand nobly and patiently by while his best knight and his wife engaged in a long affair. In the legend, Guinevere is condemned to death twice for treason (the second time for adultery with Lancelot) and both times is saved from the stake by Lancelot—with King Arthur’s blessings. Arthur had, in fact, suspected the queen’s infidelity for years, but because of his love for her and for Lancelot, had kept his suspicions a secret. When Modred and Aggravane, plotting their own coup d’etat, told the King about it, he had no choice but to condemn his queen, while privately hoping she would be rescued. It was a romantic fantasy—but one which Henry and Anne had grown up with, and which no doubt shaped their ideas about love. Henry had himself been an adroit and seductively tender courtier, who had pledged himself Anne’s “servant” and swore his constancy. The pledges may (or may not) have been made manipulatively, but his infatuation was real and the gestures were convincing.

Until very near the end, Anne had hopes Henry would spare her. Henry had in fact honored her like Guinevere for six years, and if things went according to the old courtly script, she had every reason to believe Henry would spare her, as Arthur did with Guinevere. But Henry lived in a time when kingly authority—not “knighthood”—was in flower. So while Guinevere, who actually had a sexual relation with another man, was saved by Arthur, Anne Boleyn—guilty of nothing more than a bit of courtly banter—was sent to the scaffold, and Henry never looked back.